Torres v. Social Security Administration

Filing 32

ORDER granting 31 Motion for Attorney Fees by Chief Magistrate Judge Carmen E. Garza. (crc)

Case 1:19-cv-01041-CG Document 32 Filed 10/14/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LOUIS T. TORRES, JR.,
Plaintiff,
v.

CV No. 19-1041 CG

ANDREW SAUL, Commissioner
of the Social Security Administration,
Defendant.
ORDER GRANTING UNOPPOSED MOTION TO AWARD ATTORNEY FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER is before the Court on Plaintiff’s Unopposed Motion for Attorney
Fees and Costs Pursuant to the Equal Access to Justice Act (EAJA) (the “Unopposed
Motion”), (Doc. 31), filed October 8, 2020. The Court, having reviewed the Unopposed
Motion under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, finds the
Unopposed Motion is well-taken and attorney fees shall be awarded, made payable to
Plaintiff but mailed to Plaintiff’s attorney in the amount of $2,252.70. See Astrue v.
Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not the
attorney).
IT IS THEREFORE ORDERED that if Plaintiff’s counsel receives attorney fees
under both the EAJA and 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff’s
counsel shall refund the smaller award to Plaintiff pursuant to Weakley v. Bowen, 803
F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE